Malaysia’s corporate liability provision in section 17A of the Malaysian Anti-Corruption Commission Act 2009 (MACC Act) has been gazetted and will be in force on 1 June 2020. The gazette notice is found here. It is now critical for commercial organisations to have adequate procedures in place.
I set out six cautionary lessons for Malaysian companies arising from the Airbus US$4 billion global resolution for bribery involving authorities from the UK, France and the United States.
In the UK, Airbus faced five counts of failure of a commercial organisation to prevent bribery. This was under section 7 of the UK Bribery Act. This section 7 is a similar provision to Malaysia’s section 17A of the Malaysian Anti-Corruption Commission Act, known as the corporate liability provision. I have written about the elements of Malaysia’s corporate liability here.
You can read the UK High Court grounds of judgment in relation to the Airbus settlement through the deferred prosecution agreement. You can also read the detailed agreed Statement of Facts for all the background facts.
From the Airbus case study, I set out below six cautionary lessons for Malaysian companies, especially where we are on the brink of seeing the introduction of corporate liability on 1 June 2020. Continue reading
In an earlier post, I wrote about the 6 key issues arising from the MACC Amendment Bill. The Bill introduced corporate liability for corruption offences. The Amendment Bill has now been gazetted on 4 May 2018 as the MACC Amendment Act 2018. However, this Act has not been brought into force yet.
I set out certain thoughts on how companies can already prepare for the coming into force of the corporate liability provisions under the MACC Amendment Act 2018. Continue reading
The MACC Amendment Bill 2018 has been presented in Parliament on 26 March 2018. One of the key changes is the introduction of corporate liability for corruption offences. If the Bill is passed, these provisions will come into force once the amendment Act is gazetted. [edit: Since writing this article, it has also been reproduced in theSun newspaper on 30 March 2018. The MACC Amendment Act has now been gazetted on 4 May 2018 and where I share more of my thoughts.]
The main thrust of this Bill is to introduce a new far-reaching corporate liability provision into the MACC Act. There are key changes and steps that companies, and its directors and officers have to be aware of.